DATE OF FILING : 21.03.2016.
DATE OF S/R : 09.05.2016.
DATE OF FINAL ORDER : 29.07.2016.
Sri Sankar Samanta,
son of Kanai Samanta,
village Sayedpur, P.O. Gutinagori, P.S. Shyampur,
District Howrah,
PIN 711315. …………………………………………………………… COMPLAINANT.
1. NVD Solar Limited,
21/1, Karnani Estate,
209, A.J.C. Bose Road,
Kolkata 700017.
2. The Director,
NVD Solar Limited,
Mr. Subrata Mondal,
20/1, Hriday Krishna Banerjee Lane, Bantra Sadar,
Howrah – 711101,
And also
Mr. Dipsekhar Mukherjee,
4/1B, Kundu Lane, Bhowanipur,
Kolkata 700025.
3. The Managing Director,
NVD Solar Limited,
Mr. Saibal Hazra,
49, Kailash Bose Lane, Howrah Sadar,
Howrah 711101. And also
120/1, Ramkrishnapur Lane,
Shibpur Sadar, 3rd floor,
Howrah 711102.
4. The Chairman,
NVD Solar Limited,
Mr. Arun Kr. Chakroborty,
15/1, Ambika Ghosh Lane, Shibpur Sadar,
Howrah 711102.
5. The Regional Manager,
Bagnan Branch, Anup Kumar Bagui,
VP 2 ( Vice President )
Village & P.O. Jagadishpur ( Kalinagar ),
P.S. Uluberia, Howrah 711316.
6. Top Senior,
Sri Tarak Bera,
son of Ram Bera, residing at village Gouripur,
P.O. Kangiakhali, P.S. Uluberia,
Howrah 711315. …………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak .
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Sankar Samanta, against the o.p., NVD Solar Ltd. praying for a direction upon the o.ps. to return the deposited amount from 24.01.2013 to 23.09.2013 amounting to Rs. 9,000/- with interest till realization and compensation of Rs. 50,000/-.
- The case of the petitioner is that the petitioner purchased solar energy products from o.p. no. 1, NVD Solar Limited, which is a registered company under the Company’s Act, 1975 and engaged in manufacturing solar power generating system like solar lantern, solar home lighting system, solar street lighting, solar dual charging inverter under the technical support from Renesas under Sanchay Scheme for the period of 12 months from acceptance dated 24.1.2013 to maturity dated 24.01.2014. The petitioner paid installments from 24.01.2013 to 23.9.2013 and paid a total sum of Rs. 9,000/-. The o.ps. did not receive installments of Rs. 1,000/- after 23.9.2013 even if the petitioner requested the o.ps. to receive the amount. The o.ps. have practiced fraud on the petitioner and cheated the petitioner. The petitioner through his agent sent a list to the o.p. no. 1 and requested him to pay Rs. 9,000/-, till today the o.ps. have not paid any amount, so the complainant has no other alternative to file this case.
- The o.p. though with notice did not appear in the case and thus the case is heard ex parte against them.
- The only point is to be decided here whether the petitioner is entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
- In support of his case the petitioner filed affidavit as well as documents being one blank form of NVD Solar and one receipt in the name of the petitioner, Sankar Samanta, showing that Rs. 9,000/- was paid to him in full and final settlement as adjustment against the price product and other NVD Solar Ltd. on 24.01.2013. In the said receipt it is mentioned that the petitioner surrendered his pass book and declared that he got no outstanding dues with the aforesaid organization on this scheme and Sankar Samanta duly singed therein on 06.03.2014. He also filed another document bearing his name wherein there are names of 24 persons out of which his name is in serial no. 12 showing an amount of 9,000/- in policy no. SSS 00003478 and date of opening is 24.01.2013 and date of refund is 24.01.2014. On scrutiny of the above documents and keeping in mind the averments of the petition and the submission of the ld. counsel this Forum finds that the petitioner has no reason to file this case because he deposited a sum of Rs. 9,000/- before the o.ps. and he has already received the said Rs. 9,000/- and handing over the said amount to the o.ps. and also in his deposited pass book it is clearly stated that he got no outstanding dues with the aforesaid organization and it was full and final adjustment against the price of products of other NVD Solar Ltd.
In view of above, this Forum finds no reason to proceed with the case.
In the result, the application fails.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. No. 117 of 2016 be and the same is dismissed on contest without costs against the O.Ps.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
